Revolutionary War Pension and Bounty Land Warrant Application File S. 30,401, Reuben Emmerson, Va.

SERVICE
NUMBER
Va.
Emmerson, Reuben
S. 30,401
Born in Va.
CONTENTS

19.162 Kentucky
Reuben Emmerson
of Fayette Co. in the State of Kentucky who was a pvt. & serg in the Company commanded by Captain Mills of the 2 nd Reg t commanded by Col. Mendenhall in the Red. Mile line for 6 months from 1781
Inscribed on the Roll of Kentucky at the rate of 23 Dollars 10 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 10 day of August 1833 — — and sent to Hon. R. B. Taney, Attorney Genl. Present
Arrears to the 4th of March 1833 $46. 20 Semi-ant. allowance ending 4 Sep. 11 55
$57.75
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm Allison Clerk,
Book C Vol. 7 Page 8

Declaration
In order to obtain the benefit of the act of Congress, passed June 7 1832.
State of Kentucky } Fayette County Set }
On this 11th day of February 1832, personally appeared in open court before the Fayette County court, now sitting Stephen Emmerich a resident of Fayette County and State of Kentucky, aged 86 years on Friday next who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the Act of Congress passed June 7, 1832. That he entered the service of the United States, under the following named officers and served as herein stated: He entered the service under Col. Muncalweather, Major Frank Thorn, Capt. James Mills & Lieut. Bartlett Collins - in March 1781 and left it the last of May 1781 - when he entered the service, he lived in Spottsylvania County Virginia, he was drafted - he was in an action at Williamsburg, against the British - he was commanded by Major Armstead in the action, who was Adjutant of the Regt. He marched through the counties of Caroline, Hanover and New Kent to Williamsburg, where he remained upwards of two months, he was then marched to Springfield on James River, at Burrill's Ferry, where he continued a few weeks, and was then marched to the New Magazine above Williamsburg, where he received a written discharge, signed by Col. Holt Richardson - which he lost about ten years ago. He was again drafted in August July 1781, still residing in Spottsylvania County, and served under John Satterfield Capt - Col Muncalweather Major Jno. Hardiman, he marched to Williamsburg through the same counties as above, where he remained eight weeks as orderly Sergeant to a Hospital, in consequence of being qualified to bleed, he then marched to York, where Cornwallis was besieged by Genl. Washington, and remained there until the 17th Octo 1781, when he was discharged, verbally - during the siege he was occupied in digging trenches. The first time he served within a few days of three months and the second time, upwards of three months, making in all at least six

months, that he was in the service. The first tour he served he was commanded by Genl La Fayette, the second by Genl Washington & La Fayette both of whom he saw.
He was born in Caroline County Va. on the 15 th Februy 1747 - there is a register of his age, left by his father, together with the ages of his brothers & sisters in a pocket book, which is in the possession of a son of his deceased brother Silly, in Clark County Ky.
When he was called into the service he lived in Spottsylvania County Va. after the Revolution, he lived in Caroline County until 1788, when he moved to Fayette County Ky. where he has lived ever since. He refers to the following persons resident in his present neighbourhood, who can testify as to his character for veracity and their belief of his services as a soldier of the Revolution. Thomas Shelby, James Callandringham, Edmund Bullock, Charles Carr, and James Girdler -
The hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension roll of the agency of any State.
Sworn to and subscribed the day and year afd.
Reuben Emerson
We George G Boon, a clergyman residing in the County of Fayette and Benjamin Grimes residing in the same, hereby certify that we are well acquainted with Reuben Emerson who has subscribed and sworn to the above declaration; that we believe him to be 86 years of age; that he is respected and beloved, in the neighbourhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn to & subscribed the day and year aforesaid.
Geo. G Boon
Benj. Grimes

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that George G. Boon, who has signed the preceding certificate is a clergyman, resident in the County of Fayette, and that Benjamin Lysman who has also signed the same, is a resident in the said County and is a credible person, and that their statement is entitled to credit.
Wm Boon Presiding Justice of the Peace for the time present
Commonwealth of Kentucky Fayette County to wit: I James C. Rodes Clerk of the County Court for the County aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Reuben Emerson for a pension. - And that Saml. Shivel before whom the affidavit of Dicy Nelson seems to have been taken and hereto attached; and Jeremiah Rogers before whom the affidavit of Francis Simpson seems to have been taken and also hereto attached, are and were at the time of signing their respective certificates acting Justices of the peace in and for the County aforesaid duly Commissioned and sworn agreeably to law and as such full faith and credit should be given to all their official acts: And I further certify that Wm Boon Esq. presided at said Court. Testimony whereof I have hereunto set my hand and affixed my seal of office this 18 th day of Febry 1833. and of the Commonwealth the 41 st Year Atto (J. C. Rodes clk F.C.)

Reuben Emmerson Kentucky
for 1781 printed Serge 6 months
for 4 mo. 4 days 13.77 Serge 1. 26 9.33 $ 23.10
J. L. EDWARDS, Commissioner of Pensions.
Hon. Shilton Allen Winchester Kentucky.

Sir:
The evidence in support of your claim, under the act of June 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Reuben Emmerson
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Mar. 1781 within a few days of 3 private Col Morriseth 86 Traditions & witnesses.   July " upwards of 3 priv t Sgt do. Spottsylvania Co. Va   making in all at least six months, of this time he was 8 weeks a sergeant,  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

THE ACT OF JUNE 7, 1832.
1:
all to the line, as to every branch of the Staff of the Army, Line," "State troops," "militia," and "volunteers," all who were bound to military service, but not those who in civil contracts, such as Clerks to Commissaries and to Persons who served on board of private armed vessels are law, as well as persons who turned out as patrols, or were engaged and were not recognized as being in actual military service.
eral classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers :
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case means of corroborating the declaration of the applicant, if tempted; and unless, therefore, these are amply and clearly expected. All applicants will appear before some Court or there subscribe and be sworn to, one of the declarations case.
The Court will propound the following ( m ) interrogatories service in the Militia, State troops, or Volunteers, except the troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or place where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

free
Mr Harvey Bledsoe P.M.
Athens
Franklin County Tenn

State of Kentucky Fayette County Set
I hereby certify that Francis Simpson, who upon the 28th day of January 1833, made an affidavit before me of the Revolutionary services of Reuben Emerson, is personally known to me and said Simpson is according to my best judgment a man of veracity and good character and is esteemed in the neighborhood in which he lives.
Given under my hand this 24th day of July 1833
Jeremiah Rogers J.P. F.C.
State of Kentucky Fayette County Set
I hereby certify that Dacey Nelson, who upon the 8th day of Feby 1833 made an affidavit before me of the Revolutionary services of Reuben Emerson, is respected and esteemed in the neighborhood in which she lives to be a woman of veracity and good character and altho not known to me personally, I am satisfied from what I can learn from those with whom I am acquainted, that her statements are fully entitled to credit. Given under my hand this first day of August 1833.
Sam Shivel J.P.
Commonwealth of Kentucky, Fayette County to wit:
I James C Rods clerk of the County Court for the County aforesaid do certify, that Jeremiah Rogers & Saml Shivel whose names are signed to the foregoing Certificates are and were at their respective dates acting Justices of the peace in & for the County aforesaid duly commissioned & sworn agreeable to law and as such full faith and credit should be given to all their official acts
In Testimony whereof I have hereunto set my hand and affixed my seal of office this 1st day of Augst 1833. of the Commonwealth the 42nd Year
and J.C. Rods C.F.C.

Lexington 22. July 1853
Dear Sir
I send you a certificate which you will please have signed by Jeremiah Rogers Esq. and endorse it to me immediately.
Yrs C. Hunt
Copy

Whereas I am called on by Reuben Emmerson to state what I know relative to his services in the Revolutionary war I do hereby state that I have been acquainted with said Emmerson for some fifty odd years & that I recollect of having seen him in the army in the months of March & April in the year 1781 & was with him in a little engagement at Williams-burgh in Virginia. - after that time I never saw him until some time in September in the same year, at which time I saw him at a hospital about thirteen miles from York Town at which place I am of the opinion he was attending on the sick in some capacity or other - given under my hand & seal this 28 th day of Jany A.D. 1833
Francis Simpson
Commonwealth of Kentucky
Fayette County, set
I do hereby certify that Francis Simpson personally appeared before me a Justice of the peace for the county aforesaid & made oath that the foregoing statement relative to the services of Reuben Emmerson is true so far as he knows or believes. given under my hand this 28 th day of Jany 1833 Jeremiah Rogers J.P.

Emmerson Reuben
(Pension Papers)

Whereas I am called on by Reuben Emmerson (my father) to state what I know relative to his services in the revolutionary war, in answer to which I state that I distinctly recollect that in the year 1781 (to the best of my recollection) that the said Reuben Emmerson entered the service of the United States in Spottsylvania County Virginia & remained in the service to the best of my knowledge & belief for some thing like six months & I understood that he was drafted during the time of his service given under my hand & seal This 8 th day of Feby 1833
Dicy Nelson
Commonwealth of Kentucky
Fayette County sect —
I do hereby certify that Dicy Nelson personally appeared before me a Justice of the peace for the County aforesaid & made oath that the the foregoing statement relative to the services of Reuben Emmerson in the revolutionary war is true to the best of her knowledge & belief given under my hand & seal this 8 th day of Feby 1833 Sam Shivel J.P. F.C.